The Surprising Verdict That Gave LGBTQ People in Kenya a Huge Win
How the Supreme Court Just Made History for LGBTQ Rights and LGBTQ People in Kenya
On Tuesday LGBTQ People in Kenya had lots of reason to smile after the Supreme Court upheld the right of the National Gay and Lesbian Human Rights Commission (NGLHRC) to register as an organization.
This has been a long struggle for LGBTQ People in Kenya who will now feel that the decade-long battle is now over and they are free to express themselves.
Ten years ago Kenya’s NGO-coordinating board denied NGLHRC the right to register claiming it promoted ‘same-sex behavior’. However, in February this year, the Supreme Court allowed NGLHRC to be recognized as an organization.
Kenya Kwanza leadership in progress
Achievement 1 — LGBTQ is literally legalized in Kenya
Supreme court reaffirms right for LGBTQ to form NGOs
Kenyans will really miss president uhuru Kenyatta
He defended Africa culture
Ruto s godly gov..diana kasarani stadium Allan chesang pic.twitter.com/dinqzPJAkf
— Erling Sholla (@Haaland_Sholla) September 12, 2023
Three against two judges ruled that the NGO-coordinating board was wrong to deny registration of an NGO seeking to champion the rights of LGBTQ+ (Lesbian, Gay, Bisexual, Transgender and Queer) terming it as discriminatory.
According to Nation, the Supreme Court noted that by refusing to register the organization the persons were being convicted before breaking the law.
Section 27(4) provisions were quoted in view of the discriminatory decision not to register the organization. The said provisions say, “State does not discriminate directly or indirectly any person on any ground including race, sex, pregnancy, marital status, health status, ethnic or social origin, color, age, disability, religion, conscience, belief, culture, dress, language or birth.”
The court however pointed out that all persons whether heterosexual, lesbian, gay or intersex or otherwise, will be subject to sanctions if they contravene existing laws, including Section 162, 163 and 165 of the Penal Code.
According to the Penal Code, same-sex sexual activities are considered crimes punishable by imprisonment. Sections 162 and 165 criminalize male homosexual relationships while Section 163 notes an imprisonment penalty of up to seven year.
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